S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5681--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2021
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on  Consumer Affairs and Protection -- recommitted to the Committee on
   Consumer Affairs and Protection in accordance with  Assembly  Rule  3,
   sec.  2  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the general business  law,  in  relation  to  permitting
   employees  of  public  utilities access to certain restroom facilities
   without being a paying customer
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-k to read as follows:
   §  399-K.  ACCESS TO RESTROOM FACILITIES.  1. A PLACE OF BUSINESS OPEN
 TO THE GENERAL PUBLIC FOR THE SALE OF  GOODS  OR  SERVICES  THAT  HAS  A
 TOILET  FACILITY  FOR  ITS  EMPLOYEES  SHALL ALLOW ANY INDIVIDUAL WHO IS
 LAWFULLY ON THE PREMISES OF SUCH PLACE OF BUSINESS  WHILE  PERFORMING  A
 UTILITY  RELATED SERVICE TO USE THAT TOILET FACILITY DURING NORMAL BUSI-
 NESS HOURS, EVEN IF THE PLACE OF BUSINESS DOES  NOT  NORMALLY  MAKE  THE
 EMPLOYEE  TOILET  FACILITY AVAILABLE TO THE PUBLIC, PROVIDED THAT ALL OF
 THE FOLLOWING CONDITIONS ARE MET:
   A. THE INDIVIDUAL REQUESTING THE USE OF THE EMPLOYEE  TOILET  FACILITY
 IS  AN  EMPLOYEE  OF A PUBLIC UTILITY COMPANY OR A PUBLIC UTILITY CORPO-
 RATION AS DEFINED IN SECTION TWO OF THE  PUBLIC  SERVICE  LAW,  PROVIDED
 THAT THE PLACE OF BUSINESS MAY REQUIRE THE INDIVIDUAL TO PRESENT REASON-
 ABLE  EVIDENCE THAT THE INDIVIDUAL IS AN EMPLOYEE OF SUCH PUBLIC UTILITY
 ENTITY;
   B. TWO OR MORE EMPLOYEES OF THE PLACE OF BUSINESS ARE WORKING  AT  THE
 TIME THE INDIVIDUAL REQUESTS USE OF THE EMPLOYEE TOILET FACILITY;
   C.  THE  EMPLOYEE  TOILET  FACILITY  IS  NOT  LOCATED IN AN AREA WHERE
 PROVIDING ACCESS WOULD CREATE AN OBVIOUS HEALTH OR SAFETY  RISK  TO  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09458-03-2
 A. 5681--A                          2
              

 
 REQUESTING  INDIVIDUAL OR CREATE A SECURITY RISK TO THE PEOPLE, OR PROP-
 ERTY WITHIN THE PLACE OF BUSINESS;
   D.  USE  OF  THE TOILET FACILITY WOULD NOT CREATE AN OBVIOUS HEALTH OR
 SAFETY RISK TO THE REQUESTING INDIVIDUAL; AND
   E. A PUBLIC RESTROOM IS NOT IMMEDIATELY ACCESSIBLE TO  THE  REQUESTING
 INDIVIDUAL.
   2.  A  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHABLE
 BY A  CIVIL  PENALTY  NOT  TO  EXCEED  FIVE  HUNDRED  DOLLARS  FOR  EACH
 VIOLATION.
   3.  BUSINESSES SHALL NOT BE  LIABLE FOR ANY INJURIES WHICH RESULT FROM
 TOILET FACILITY USE BY UTILITY WORKERS.
   § 2. This act shall take effect immediately.